FUNDAMENTO DE PUNIBILIDADE DA PARTICIPAÇÃO E A PARTICIPAÇÃO POR AÇÕES NEUTRAS

Abstract

In this present article we seek to present, analyze and propose a solution for participation by neutral actions, recurring theme in accomplice liability. Neutral actions are actions performed daily in the exercise of a profession. However, eventually, these actions may collaborate with the commission of a crime. The solution to aforementioned theme involves defining the rationale for punishment of accomplice and has Karl Binding's theory of norms as its theoretical framework. Initially, we present the distinction between perpetrator and accomplice according to the fact dominion theory as proposed by Roxin. Then we seek in Bindig's theory of norms, the rationale for punishment of the accomplice. We defend that the accomplice should be punished because his conduct violates the penal norm according to the distinction between law and norm proposed by Binding. Finally, we will look at participation by neutral actions with the rationale for punishment of participation as the central point.